Warren sued for info about mayor

The partner in Warren Councilwoman Kathy Vogt's law firm is suing the city, accusing officials of violating the state Freedom of Information Act for withholding personal details about Mayor James Fouts in requested documents.

In a lawsuit filed in Macomb County Circuit Court, Clinton Township-based attorney Arthur Garton claims the city lacked authority to redact Fouts' birth date, address and phone number on copies of candidate affidavits.

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"The city's refusal to comply with the FOIA request in a meaningful manner is a violation of the Freedom of Information (law) and is in direct contravention of the mayor's touted transparency in his administration," Garton said in a press release.

Garton, a resident of Shelby Township, requested copies of all "affidavits of identity" filed by Fouts since 1978. He also claims the city failed to respond to his FOIA request, received by the city on Feb. 14, in a timely fashion as required by law.

In the city's response to Garton's request, Assistant City Attorney Ronald Papandrea provided the affidavits from 2003 -- Fouts' last term on the City Council -- and 2007. But the mayor's birth date, address and phone number were redacted "for privacy and security reasons," Papandrea wrote. Papandrea said the same information is contained in voter registration records but that portion cannot be disclosed by government clerks.

Asked to respond to the lawsuit, Fouts told The Macomb Daily he finds it "interesting" that Garton filed the lawsuit because Garton's law partner, Vogt, has declared her candidacy for mayor this year.

"I find it very interesting that all this would come out just a couple days before the State of the City speech, to change the subject and detract from the speech," the mayor said.

Fouts said he has now directed the city's legal department to send the requested documents to Garton "uncensored."

But that may not end the dispute.

Garton said the city failed to initially respond to his FOIA request within five business days as required by law, and also that the partially-redacted documents that eventually were sent, were dated four days past the 10-day extension requested by the city.

According to the lawsuit, Garton claims he is attempting to determine whether Fouts violated state election law because a false statement on an affidavit of identity made by a candidate is considered perjury. State voter records show that Fouts, a retired teacher, was born in 1944. But Michigan Department of Education teacher certification records show his year of birth as 1942.

"Given the conflicts of public records, the Plaintiff was curious as to the truth of the matter," the lawsuit states.

"Mayor Fouts' strong personal feelings and opinions on the issue of age do not give the Mayor or any city official acting at his direction the ability to act 'above the law' by failing to disclose clearly public information," the legal complaint also states. "The city's actions in failing to disclose clearly public information is an abuse of power and an attempt to cover-up potential wrongdoing by the highest-ranking official in the largest city in Macomb County."

Garton is seeking reimbursement of legal fees and costs, plus punitive damages against the city. He also was a campaign advisor to Richard Sulaka, the former city clerk defeated by Fouts in the 2007 mayoral election.